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Remanded (sent back)PACT Act

The Veteran's claim for a compensable rating for bilateral hearing loss is remanded due to the possibility of worsening since his last VA examination in July 2016.,The Veteran's claim for service connection for diabetes mellitus, type II as due to herbicide agent exposure is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for erectile dysfunction as secondary to diabetes mellitus, type II is remanded due to the possibility that the condition has worsened since the last VA examination in July 2016.,The Veteran's claim for service connection for gastroesophageal reflux disease (GERD) is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for chronic kidney disease is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a cervical spine disorder is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a right shoulder disorder is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a left shoulder disorder is remanded due to the possibility that there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for a right knee scar is remanded because there may be new evidence indicating exposure within the territorial waters of Guam or the Republic of Vietnam during his active duty service.,The Veteran's claim for service connection for presbyopia is denied as refractive errors are not considered diseases or injuries under VA regulations.

The deciding factor: There is a possibility that the Veteran's bilateral hearing loss may have worsened since his last VA examination in July 2016, and therefore a new VA examination is needed to determine the current level of severity.,The Veteran asserts that he was exposed to herbicide agents while serving aboard the U.S.S. Ranger, which could be considered presumptive exposure under the PACT Act if he served within the territorial waters of Guam or the Republic of Vietnam during his active duty service. Therefore, a remand is needed to determine whether this occurred.,The Veteran asserts that his erectile dysfunction may have worsened since the last VA examination in July 2016 and therefore a new VA examination is needed to assess its current severity.,The Veteran asserts that he has gastroesophageal reflux disease (GERD) which could be considered presumptive exposure under the PACT Act if he served within the territorial waters of Guam or the Republic of Vietnam during his active duty service. Therefore, a remand is needed to determine whether this occurred.,The Veteran asserts that he has chronic kidney disease and gastroesophageal reflux disease (GERD) which could be considered presumptive exposure under the PACT Act if he served within the territorial waters of Guam or the Republic of Vietnam during his active duty service. Therefore, a remand is needed to determine whether this occurred.,The Veteran asserts that he has a cervical spine disorder and right and left shoulder disorders which may have developed as a result of continuous loading heavy bombs while aboard the U.S.S. Ranger during his active duty service. Therefore, a VA examination is needed to assess their etiology.,The Veteran asserts that he has a right shoulder disorder and left shoulder disorder which may have developed as a result of continuous loading heavy bombs while aboard the U.S.S. Ranger during his active duty service. Therefore, a VA examination is needed to assess their etiology.,The Veteran asserts that he has a cervical spine disorder and right and left shoulder disorders which may have developed as a result of continuous loading heavy bombs while aboard the U.S.S. Ranger during his active duty service. Therefore, a VA examination is needed to assess their etiology.,The Veteran asserts that he has a right knee scar which may have developed as a result of a slip and fall aboard the U.S.S. Ranger during his active duty service. Therefore, a VA examination is needed to assess its etiology.,Presbyopia is not considered a disease or injury under VA regulations and therefore cannot be granted service connection.

Claimed conditions
bilateral hearing loss, diabetes mellitus, type II, erectile dysfunction (secondary to diabetes mellitus), gastroesophageal reflux disease (GERD), chronic kidney disease, chronic heart failure, hypertension, cervical spine disorder, right shoulder disorder, left shoulder disorder, right knee scar, presbyopia
How they argued it
Not specified
Exposure basis
None
Rating assigned
None in this decision
Decision date
September 20, 2023
Citation
23051775

This is a plain-language summary generated by AI from a public Board of Veterans’ Appeals decision. It can contain errors — always verify against the original. Look up the original decision on VA.gov (opens in a new tab) using citation 23051775.

What this means for you

A remand is not a loss. The Board sent the case back for more development — often a new exam or missing records — before making a final decision. Many remands later end in a grant, and the decision spells out exactly what the Board wanted to see.

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